What is the legal test for dismissing a motion for lack of prosecution?

MultiRegion, United States of America

The following excerpt is from Carmichael ex rel. Stars in the Sky Tr. v. Cnty. of San Diego, Case No. 19-cv-01750-GPC-AGS (S.D. Cal. 2020):

However, "[d]ismissal is a harsh penalty and is to be imposed only in extreme circumstances." Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986). A court must weigh several factors in determining whether to dismiss for lack of prosecution: "(1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits and (5) the availability of less drastic sanctions." Id.

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